DAYABHAI TAPIDAS Vs. CHUNILAL HURGOWANDAS

JUDGEMENT

(1.) By this suit the plaintiff seeks a declaration that the 1 defendant is not the validly adopted son of Damodardas Tapidas, and that his alleged adoption by Harkor, the widow of Damodardas, is void and of no effect. Damodardas and the plaintiff were the sons by different wives of Tapidas Varajdas, who died in 1886.

(2.) It is common ground that they were separate in estate.

(3.) On the 8 of August 1895 Damodardas executed a will in which there was the following clause : Should I after my death have no male issue of my (loins) and should I in my life time have not adopted any one as my son, then my first wife Harkor and should she be not alive then my second wife Amba Lakshimi, shall after my death adopt any boy out of the descendants of my father (ancestors) and if amongst them there be no boy who can according to the Shastras (i. e. religious texts) be adopted, then out of my caste, by performing the ceremony prescribed in the shastras (i. e. religious texts) (sick).